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  1. #1

    Default Judicial Subpoena for Documents

    My question involves criminal law for the state of: TN
    A Judicial Subpoena for Documents, an Application for Judicial Subpoena, & general cover letter were faxed by a police detective to a major phone/internet company requesting a user's records. This company responded by faxing the user's records to the police detective. Both subpoenas faxed were not signed or dated by police detective, officer of the court, or judge. Is that a common practice in TN to submit unsigned & undated subpoenas requesting user records to a company that has in their policy, before responding to any legal demand, determination is made as to receiving the correct type of demand, as well as if the agency failed to send correct type of demand, they reject the demand?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,004

    Default Re: Judicial Subpoena for Documents

    What difference could it possibly make if it's common practice or not? It happened. It's done. If it was done improperly, the user's lawyer might be able to get the information ruled inadmissible. But all that's going to do is get the prosecutor to get it right the next time.

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